Q: Want to know if Past attorneys can be sued for malpractice and negligence for not doing their duty?
Had 4 different attorney firms that never subpoenaed or did a discovery on my ex-wife's Bank accounts in Canada during our California divorce in 2010, on-going to 2017.
My ex-wife's family gifts totalling $335,610 was never disclosed.
DissoMaster Temp. Alimony to Final Judgment was based on ex-wife being broke which was a lie. Ex-wife and her attorney hid these assets from the court. Have a copy of her taxes showing various
Canadian bank accounts totalling $533,610.
Recently found this out.
Want to know if Past attorneys can be sued for malpractice and negligence for not doing their duty after being asked many times
to subpoena my ex-wife's bank accounts?
A: Yes, you could potentially sue for that. It is possible to subpoena records in a foreign country but it is a lengthy and expensive process. If you were willing and able to pay, and directed your attorney to do so, but he failed, it might be malpractice. Some problems are that, you likely knew that the records weren't subpoenaed when you closed the divorce. Also, your family law attorney probably doesn't have professional liability insurance. It is fairly rare for a small practitioner to carry it. In order to pursue such a claim, you would likely need to come up with a very healthy retainer to pay for some upfront costs, like pursuing the subpoenas in Canada, and having an expert legal malpractice attorney retained. Tens of thousands of dollars.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
